Tier 1: EMP and O&M must be enacted 12 months before compliance deadline.
Tier 2: EMP and O&M must be complete and implemented by July 1, 2027 (no 12-month look-back required).
Tier 2 buildings have more flexibility in timing but still need comprehensive planning.
The Clean Buildings Performance Standard is mandatory for Tier 2 covered buildings located in the state of Washington.
A Tier 2 building is a building where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,000 gross square feet, excluding the parking garage area.
Washington’s Clean Buildings law is here. Don’t wait until 2027 your EMP + O&M must be up and running by July 1, 2026. Act now and your entire compliance package can be paid for by state incentives.
$0.30/sf base; $0.75/sf with Anti-Displacement Agreement → Typical 50k = $37,500 incentive
💰 Net cost: $0 (if incentive approved)
$0.30/sf → Typical 50k building = $15,000 incentive
💰 Net cost: $0 (if incentive approved)
Public Buildings are buildings owned by State Agencies, School and Health Districts, Colleges and Cities, Municipalities and Counties (this does not include buildings owned by a non-profit, even if the non-profit is funded by a public agency).
The Clean Buildings Portal is a database of all covered buildings. It provides building owners with a secure system to manage their building’s compliance with the Clean Buildings Performance Standard and submit applications to the Early Adopter Incentive Program. Please note: Features for Tier 2 will not be available until after July 2025.
For Tier 1, the maximum penalty is $5,000 plus an amount based on the duration of any continuing violation. The additional amount for a continuing violation may not exceed $1.50 per square foot. For more details, refer to Z5.4 Assessment of Administrative Penalties in the Clean Buildings Performance Standard.
For Tier 2, the maximum penalty is $0.30 per square foot. For more details, refer to Y5.4 Assessment of Administrative Penalties in the Clean Buildings Performance Standard.
Commerce also has a penalty calculator: CBPS 015- CBPS Penalties Estimator.xlsx | Powered by Box. Penalties are assessed for each 5-year compliance period.
CBPS compliance isn’t just about following the law it’s about protecting your investment. We’ll guide you through every step: benchmarking, audits, reports, and submission.
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